BAHAMAS Law and Practice Contributed by: Alistair Chisnall and Erica Paine, Graham Thompson
4.4 Obtaining Entitlements to Develop a New Project The P&S Act provides the regulatory framework for new developments, major refurbishments or changes of use of a developed property, and no development of land is permitted without the All applications relating to the development of properties in a zoned area are to be submitted to the director and must be in the form stipulated in the Planning and Subdivision Act (Application Requirements) Regulations, 2011. An applicant must also post “Development Application Signs” and give notice of the pending development application in accordance with the Planning and Subdivision Act (Public Notice) Regulations, 2011. appropriate approval. Application Process The Town Planning Committee ( “the Com - mittee” ) then holds public hearings to engage public consultation on development projects, and provides notice of such meetings. Within seven days of its eventual decision, the Com - mittee must give written notice of such to the applicant and each person who made a written request to be notified. In reply to an application (eg, for site plan control), the Committee may then grant a Preliminary Support of Application, with such conditions or amendments as deemed appropriate. Rights of Third Parties Interested third parties have the right to attend the public hearing and express their views (whether in support or opposition). Upon request, an interested third party may have the Depart - ment of Physical Planning make any applica - tion available for public review during normal business hours. An interested third party may – in support of or opposition to a development
ernment agency responsible for protecting, preserving and promoting the historic cultural resources of The Bahamas; • the Bahamas National Geographic and Information Systems Department, which is responsible for oil and natural gas explora - tion and regulation, alternative and renewable energy, and aragonite mining; and • the Water and Sewerage Corporation, a stat - utory corporation responsible for the manage - ment of the country’s water resources. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Construction in The Bahamas is regulated under the P&S Act and the Building Regulations Act, 1971, supplemented by the Code. The purpose of the Code is to provide certain minimum stand - ards, provisions and requirements for safe and stable building design, methods of construction and uses of materials. A building permit issued by the Building Control Department of the Ministry of Works is generally required for all new construction, additions and alterations (including decks, sheds, retaining walls and fences), and must be obtained prior to the commencement of such work. 4.3 Regulatory Authorities The Town Planning Committee of the Depart - ment of Physical Planning is responsible for regulating the development and designated use of individual parcels of real estate under the P&S Act. In the case of “Out Islands” (islands in the Commonwealth of The Bahamas other than New Providence Island), certain functions and pow - ers of the Town Planning Committee may be delegated to District Councils under the Local Government Act, 1996.
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